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Article: The judicial perspective of 'separation of powers' in the Hong Kong Special Administrative Region of the People's Republic of China

TitleThe judicial perspective of 'separation of powers' in the Hong Kong Special Administrative Region of the People's Republic of China
Authors
KeywordsHong Kong
People ⅛ Republic of China
Basic Law
separation of powers
courts
Issue Date2018
PublisherSweet and Maxwell. The Journal's web site is located at http://www.nyls.edu/pages/307.asp
Citation
Journal of International and Comparative Law, 2018, v. 5 n. 2, p. 337-362 How to Cite?
AbstractHong Kong, a former British colony, has been a Special Administrative Region (SAR) of the People's Republic of China since 1997 with its own highly autonomous legal and judicial systems based on English common law. Applying common law principles, the HKSAR courts have conceptualised 'separation of powers' as a feature of the Basic Law - the HKSAR's constitutional instrument - and the Rule of Law in Hong Kong. This article demonstrates how HKSAR courts have used 'separation of powers' to describe and regulate the relationship among the institutions of government and as an operating valve of judicial non-intervention or deference vis-å-vis other branches of government. Towards the end of this article, the judicial narrative that embraces 'separation of powers' is contrasted with a political narrative promoted by mainland Chinese officials and scholars that doubts the 'separation of powers' in the HKSAR's political system and advocates instead 'executive-led government'.
Persistent Identifierhttp://hdl.handle.net/10722/279168
ISSN
2023 Impact Factor: 0.4
2023 SCImago Journal Rankings: 0.147

 

DC FieldValueLanguage
dc.contributor.authorLo, PY-
dc.contributor.authorChen, AHY-
dc.date.accessioned2019-10-21T02:20:51Z-
dc.date.available2019-10-21T02:20:51Z-
dc.date.issued2018-
dc.identifier.citationJournal of International and Comparative Law, 2018, v. 5 n. 2, p. 337-362-
dc.identifier.issn2313-3775-
dc.identifier.urihttp://hdl.handle.net/10722/279168-
dc.description.abstractHong Kong, a former British colony, has been a Special Administrative Region (SAR) of the People's Republic of China since 1997 with its own highly autonomous legal and judicial systems based on English common law. Applying common law principles, the HKSAR courts have conceptualised 'separation of powers' as a feature of the Basic Law - the HKSAR's constitutional instrument - and the Rule of Law in Hong Kong. This article demonstrates how HKSAR courts have used 'separation of powers' to describe and regulate the relationship among the institutions of government and as an operating valve of judicial non-intervention or deference vis-å-vis other branches of government. Towards the end of this article, the judicial narrative that embraces 'separation of powers' is contrasted with a political narrative promoted by mainland Chinese officials and scholars that doubts the 'separation of powers' in the HKSAR's political system and advocates instead 'executive-led government'.-
dc.languageeng-
dc.publisherSweet and Maxwell. The Journal's web site is located at http://www.nyls.edu/pages/307.asp-
dc.relation.ispartofJournal of International and Comparative Law-
dc.subjectHong Kong-
dc.subjectPeople ⅛ Republic of China-
dc.subjectBasic Law-
dc.subjectseparation of powers-
dc.subjectcourts-
dc.titleThe judicial perspective of 'separation of powers' in the Hong Kong Special Administrative Region of the People's Republic of China-
dc.typeArticle-
dc.identifier.emailChen, AHY: albert.chen@hku.hk-
dc.identifier.authorityChen, AHY=rp01240-
dc.description.naturelink_to_subscribed_fulltext-
dc.identifier.scopuseid_2-s2.0-85062301820-
dc.identifier.hkuros307999-
dc.identifier.volume5-
dc.identifier.issue2-
dc.identifier.spage337-
dc.identifier.epage362-
dc.publisher.placeHong Kong-
dc.identifier.issnl2313-3775-

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